The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, February 17, 2009, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the introduction of a resolution.

Resolutions Introduced

Mr. Speaker, Mr. Thompson, and Delegates Morgan, Craig, C. Miller, Reynolds, Sobonya,
Stephens and Perdue offered the following resolution, which was read by the Clerk as follows:H. R. 10 - "Designating February 18, 2009, as 'Marshall University Day'."
Whereas, Marshall University is one of the State's premier institutions of higher education;
and
Whereas, Marshall University educates more than 14,000 students at campus locations in
Huntington, Point Pleasant, South Charleston, Beckley, Logan and Gilbert and offers degrees at the
associate, baccalaureate, master's and doctoral levels; and
Whereas, Marshall University is building a national reputation for research in
biotechnology, forensics and medicine through its College of Science and the Joan C. Edwards
Schools of Medicine; and
Whereas, Marshall University has established a goal of creating new, high-value job
opportunities through the Marshall Institute for Interdisciplinary Research as part of West Virginia's
"Bucks for Brains" initiative; and
Whereas, With every dollar the state invests in Marshall University, the University
generates nearly $8 spent in the West Virginia economy, resulting in an estimated output generated
by Marshall of $547 million per year; and
Whereas, Earlier this month Marshall University opened a 123,000 square-foot recreation
center that will improve the health of the Marshall community while increasing enrollment and
retention at the university; and
Whereas, Marshall University's engineering program moved closer to accreditation with
the opening last fall of the Arthur Weisberg Family Engineering Laboratories; and
Whereas, Also, last fall Marshall University opened 782-bed freshman residence halls that
will meet the needs of students for many years to come; and
Whereas, The Robert C. Byrd Institute for Advanced Flexible Manufacturing is providing
services to all 55 state counties providing expertise to more than 4,300 small and medium-sized
manufacturers that employ more than 73,000 individuals across West Virginia; and
Whereas, The Nick J. Rahall Transportation Institute of Marshall University is setting
national standards in transportation; and
Whereas, Marshall University's Health Sciences train hundreds of West Virginians to serve
as doctors, nurses, therapists and health technicians each year; and
Whereas, Marshall University alumni number more than 90 thousand across the globe;
therefore, be itResolved by the House of Delegates: That the House of Delegates hereby designates February 18, 2009, as "Marshall University
Day"; andFurther Resolved, That the House of Delegates hereby recognizes Marshall University for
its tremendous contributions to the State of West Virginia; and, be itFurther Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to Stephen J. Kopp, President of Marshall University.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 10) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.

Committee Reports

Chairman Morgan, from the Committee on Government Organization submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration: H. B.2309, Updating the law governing the practice of occupational therapy,
And reports back a committee substitute therefor, with the same title, as follows:Com. Sub. for H. B. 2309 - "A Bill to amend and reenact §30-28-1, §30-28-2, §30-28-3,
§30-28-4, §30-28-5, §30-28-6, §30-28-7, §30-28-8, §30-28-9, §30-28-10, §30-28-11, §30-28-12,
§30-28-13, §30-28-14, §30-28-15, §30-28-16, §30-28-17 and §30-28-18 of the Code of West
Virginia, 1931, as amended, all relating to the practice of occupational therapy; providing
definitions; setting forth the scope of practice of occupational therapy; prohibiting practice or use
of titles unless licensed; removing the requirement for referral by a physician or other health care
practitioner; setting forth supervision requirements for assistants and aides; clarifying qualifications
to serve as a board member; providing that board members are not civilly liable for acts or omissions
in performance of duties in good faith; setting forth powers and duties of the board; providing
exemptions from licensure; clarifying qualifications for licensure; setting forth examination
requirements; providing for licensure for applicants from other jurisdictions; clarifying conditions
of limited permits and temporary licenses; providing for renewal, suspension and revocation of
licenses; providing for refusal to renew licenses; providing for reinstatement of lapsed licenses;
setting forth complaint procedures; establishing grounds for disciplinary actions; providing for
hearing procedures and rights of appeal; providing rulemaking authority; providing for criminal
investigations, proceedings and penalties; and establishing that a single act may constitute evidence
of practice,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2309) to the Committee
on the Judiciary was abrogated.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:H. B. 2419, Providing inmates a reduction in sentence for completion of education and
rehabilitation programs,
And reports back a committee substitute therefor, with a new title, as follows:Com. Sub. for H. B. 2419 - "A Bill to amend and reenact §31-20-5d of the Code of West
Virginia, 1931, as amended, relating to providing certain inmates a reduction in sentence for
successful completion of education and rehabilitation programs,"
With the recommendation that the committee substitute do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:H. B. 2567, Relating to filing agency rules with the Secretary of State under the
Administrative Procedures Act,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2567) was referred to
the Committee on Finance.

Messages from the Executive

The Clerk read the following communication from the Speaker, appointing members of the
Select Committee on Federal Stimulus Utilization, which was filed in the Clerk's Office:

West Virginia House of Delegates

OFFICE OF THE SPEAKER

Charleston, WV 25305

February 17, 2009

Gregory M. Gray
Clerk, West Virginia House of Delegates
Room 212M
State Capitol Complex
Charleston, WV 25305
Dear Clerk Gray:
I do hereby appoint the following as members of the Select Committee on Federal Stimulus
Utilization:
The Honorable Nancy Guthrie, Chair
The Honorable Sam Cann
The Honorable Tim Ennis
The Honorable Clif Moore
The Honorable Robert Schadler
Sincerely,
Richard Thompson,Speaker of the House.

Resolutions Introduced

On motions for leave, Joint Resolutions were introduced, read by their titles and severally
referred as follows:By Delegates Rodighiero, Eldridge and Reynolds:H. J. R. 14 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section one-b, article X thereof, relating to homestead exemption increase; numbering and
designating such proposed amendment; and providing a summarized statement of the purpose of
such proposed amendment"; to the Committee on Constitutional Revision then Finance.
And, By Delegates J. Miller, Overington, Lane, Sobonya, Blair, Porter, Schadler and Andes:H. J. R. 15 - " Proposing an amendment to the Constitution of the State of West Virginia,
amending article X thereof by adding thereto a new section, designated section 1d, relating to a
taxpayer's bill of rights intended to reasonably restrain the growth of government; numbering and
designating such proposed amendment; and providing a summarized statement of the purpose of
such proposed amendment"; to the Committee on Constitutional Revision then Finance.

Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:

By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:H. B. 2572 - "A Bill to amend and reenact §60-3A-2, §60-3A-2a, §60-3A-4, §60-3A-6, §60-
3A-7, §60-3A-8, §60-3A-10, §60-3A-10b, §60-3A-11 and §60-3A-12 of the Code of West Virginia, as amended; and to amend said code by adding thereto a new section, designated §60-3A-10d, all
relating to the classification of retail licenses for the sale of liquor; setting forth legislative findings;
defining certain terms; authorizing the Alcohol Beverage Control Commissioner to issue retail
licenses for the sale of liquor; establishing certain standards for the issuance of licenses within
market zones; limiting the issuance of retail licenses to operate mixed retail liquor outlets;
authorizing the commissioner to adopt certain standards for retail outlets; increasing the maximum
percentage of retail licenses a person may own; providing a purchase option for active retail licensees
seeking to operate a free standing liquor retail outlet; and providing for financing for the purchase
of a retail license for a free standing liquor retail outlet"; to the Committee on Government
Organization then the Judiciary.

By Delegates Caputo, Manchin and Longstreth:

H. B. 2573 - "A Bill to amend and reenact §11A-1-3 of the Code of West Virginia, 1931,
as amended, relating to allowing quarterly payment of real and personal property taxes"; to the
Committee on the Judiciary then Finance.

H. B. 2574 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §9-10-1, §9-10-2, §9-10-3, §9-10-4, §9-10-5, §9-10-6 and §9-10-7,
all relating to prohibiting certain nursing homes from using state funds for activities unrelated to the
provision of health care services; and authorizing civil actions for enforcement; and authorizing civil
penalties"; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Duke and Blair:

H. B. 2575 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-6B-8, relating to providing an election for county commissions
to allow resident homeowners, sixty-five years old or older, to defer the payment of property tax
increases to their residential property during their lifetimes"; to the Committee on the Judiciary then
Finance.

By Delegates Duke, Doyle, Overington, Tabb and Blair:

H. B. 2576 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-24-12a, relating to providing a corporate tax credit for
qualified health insurance policies provided by corporate employers to employees"; to the Committee
on Banking and Insurance then Finance.

By Delegates Duke, Tabb and Blair:

H. B. 2577 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-7A-14c, relating to allowing a public school employee or
retiree who was forced to miss work as a result of a pregnancy to purchase up to one year of service
credit in the Teachers Retirement System"; to the Committee on Pensions and Retirement then
Finance.

By Delegates Duke, J. Miller, Blair, Overington, Doyle and Tabb:

H. B. 2578 - "A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931,
as amended, relating to providing for a ten percent cap on any increase in one year for periodic
valuations and assessments of real and personal property"; to the Committee on the Judiciary then
Finance.

H. B. 2579 - "A Bill to amend and reenact §20-5-18 and §20-5-19 of the Code of West
Virginia, 1931, as amended, all relating to discounts at state parks for elderly and disabled persons;
and providing that the fifty percent reduction for state park campground rental fees for elderly and
disabled persons is applicable throughout the year"; to the Committee on Natural Resources then
Finance.

H. B. 2580 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-2-9a, relating to preparing the youth of West Virginia to
succeed in life by providing them with an understanding of macroeconomics; directing the State
Board of Education to develop a program of instruction on macroeconomics, emphasizing the basic
principles of capitalism"; to the Committee on Education then Finance.

By Delegates Shook and Beach:

H. B. 2581 - "A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as
amended, relating to the composition of the Municipal Home Rule Board and the timetable and
responsibilities of the Municipal Home Rule Pilot Program"; to the Committee on Political
Subdivisions then the Judiciary.

By Delegates J. Miller, Sobonya, Blair, Andes and C. Miller:

H. B. 2582 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-24-9d, relating to establishing a corporate tax credit up to fifty
percent of the corporation's net income tax for contributions to scholarship funds"; to the Committee
on Education then Finance.

H. B. 2583 - "A Bill to amend and reenact §16-29-1 of the Code of West Virginia, 1931, as
amended, relating to the release of a minor's medical records for drug testing to natural parent or
legal guardian"; to the Committee on Health and Human Resources then the Judiciary.

By Delegates J. Miller, Ashley and Evans:

H. B. 2584 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-21-25, relating to providing a deduction from personal income
tax for amounts paid for certain health insurance plans not backed by a private employer or the
government"; to the Committee on Banking and Insurance then Finance.

By Delegates Rodighiero, Eldridge and Stephens:

H. B. 2585 - "A Bill to amend and reenact §17D-2A-4 of the Code of West Virginia, 1931,
as amended, relating to motor vehicle insurance"; to the Committee on Banking and Insurance then
the Judiciary.

By Delegates Rodighiero and Eldridge:

H. B. 2586 - "A Bill to amend and reenact §31-20-27 of the Code of West Virginia, 1931,
as amended, relating to salary increase for regional jail authority employees of $5,000 paid over a
three-year period"; to the Committee on the Judiciary then Finance.

By Delegates Reynolds and Stephens:

H. B. 2587 - "A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931,
as amended, relating to capping regional jail per diem charges at forty-eight dollars and ten cents per
day, per inmate"; to the Committee on the Judiciary then Finance.

By Delegates Perdue, Hatfield, Moore and Rodighiero:

H. B. 2588 - "A Bill to amend and reenact §18-2-6a of the Code of West Virginia, 1931, as
amended, relating to providing only healthy beverages and healthy and nutritional snacks in the
county school system"; to the Committee on Health and Human Resources then Education.

By Delegates Iaquinta, Hartman, Talbott, Perry and Tabb:

H. B. 2589 - "A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931,
as amended, relating to persons who do not qualify for professional certificates who are issued
certificates to serve in the public schools as athletic coaches or other extracurricular activities
coaches; and removing certain limitations on this service when certain conditions are met"; to the
Committee on Education.

By Delegates Porter and Sumner:

H. B. 2590 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2L-1, relating to requiring the Department of Health and
Human Resources to maintain information for public dissemination relative to judicial bypasses to
the requirement of parental notification relative to abortions performed on minors"; to the
Committee on Government Organization then the Judiciary.

By Delegates Mahan, Campbell, Canterbury and Crosier:

H. B. 2591 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-31-1; to amend said code by adding thereto a new article,
designated §27-18-1; and to amend said code by adding thereto a new section, designated §49-7-35,
all relating to annual adjustments of certain provider payments under agreements entered into under the provisions of chapters 16, 27 or 49 of this code, based on the nonseasonally-adjusted
employment cost index issued by the United States Department of Labor"; to the Committee on Government Organization then Finance.

By Delegates Perry and Beach:

H. B. 2592 - "A Bill to amend and reenact §2-2-1 of the Code of West Virginia, 1931, as
amended, relating to making 'Good Friday' a legal holiday"; to the Committee on Government
Organization then Finance.

H. B. 2593 - "A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931,
as amended, relating to increasing the penalty for driving under the influence causing death"; to the
Committee on the Judiciary.

By Delegates Reynolds, Rodighiero and Eldridge:

H. B. 2594 - "A Bill to amend and reenact §62-12-2 of the Code of West Virginia, 1931, as
amended, relating to providing that persons convicted of certain drug related crimes must participate
in a substance abuse counseling program to be eligible for probation"; to the Committee on Health
and Human Resources then the Judiciary.

H. B. 2595 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-21-12i, relating to providing an exemption from gross income for members of volunteer fire departments for state personal income tax purposes"; to the Committee
on Finance.

By Delegates Duke, Blair, Overington, Evans, Rowan and Tabb:

H. B. 2596 - "A Bill to amend and reenact §46A-6-107 of the Code of West Virginia, 1931,
as amended, relating to disclaimers of warranties with respect to goods which are the subject of or
are intended to become the subject of a consumer transaction; prohibition against exclusion,
modification or limitation of any warranty or remedy; waiver of warranty on used motor vehicle as
to a particular defect or malfunction which dealer has disclosed; conditions permitting 'as is' sale
of used motor vehicle; conspicuous disclosure of 'as is' sale; 'as is' sale does not waive express
warranties made by dealer; dealer to conform to federal regulations"; to the Committee on Roads and
Transportation then the Judiciary.

By Delegates Duke, Blair and Overington:

H. B. 2597 - "A Bill to amend and reenact §24-6-2 of the Code of West Virginia, 1931, as
amended, relating to making 911 emergency fees available to be used for both emergency and
nonemergency calls"; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Cann, Fragale, Kominar, Perry and Iaquinta:

H. B. 2598 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-2F-1a; and to amend and reenact §16-2F-2, §16-2F-3,
§16-2F-4, §16-2F-5, §16-2F-6, §16-2F-8 and §16-2F-9 of said code, all relating to parental
notification requirements for abortions performed on unemancipated minors; providing that the
circuit and family court have concurrent jurisdiction over the provisions of the article; defining
terms; providing for a waiver; requiring notice to minors of a right to petition the court; allowing for appeal by the unemancipated minor to circuit court if matter is initially heard in family court;
reporting requirements; providing remedies; specifying when notice is not required; providing
penalties; and providing a severability clause"; to the Committee on the Judiciary.

By Delegates Carmichael and Walters:

H. B. 2599 - "A Bill to amend and reenact §18C-7-1, §18C-7-2, §18C-7-3, §18C-7-4,
§18C-7-5, §18C-7-6, §18C-7-7 and §18C-7-8 of the Code of West Virginia, 1931, as amended, all
relating to changing the PROMISE Scholarship Program to the PROMISE Forgivable Student Loan
Program; and establishing deferment and forgiveness conditions"; to the Committee on Education
then Finance.

By Delegates Barker and Eldridge:

H. B. 2600 - "A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as
amended, relating to providing that lying to a deputy sheriff or municipal police officer who is
conducting an investigation of a felony, is a misdemeanor"; to the Committee on the Judiciary.

By Delegates Argento, Eldridge, Shaver and Wells:

H. B. 2601 - "A Bill to amend and reenact §17C-16-5of the Code of West Virginia, 1931,
as amended, relating to allowing the Superintendent of the State Police to charge a one hundred
dollar motor vehicle inspection facility application fee"; to the Committee on Roads and
Transportation then Finance.

H. B. 2602 - "A Bill to amend and reenact §22-15A-2 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto twelve new sections, designated §22-15A-30, §22-15A-31, §22-15A-32, §22-15A-33, §22-15A-34, §22-15A-35, §22-15A-36, §22-15A-37,
§22-15A-38, §22-15A-39, §22-15A-40 and §22-15A-41, all relating to establishing a returnable
beverage container deposit program; defining terms; expressing findings and purpose; requiring the
use of returnable beverage containers; requiring the collection of deposits on returnable beverage
containers; establishing program for the refund of deposits; requiring food and beverage
establishments pay deposit on beverage containers when beverage is consumed on premises;
requiring the Department of Environmental Protection operate the returnable beverage container
program; requiring certification of redemption centers; establishing requirements for certification
of redemption centers; providing for payment of deposit refunds and handling fees; establishing
requirements for reverse vending machines; exempting deposit refunds from consumers sales and
service tax and business and occupation tax; exempting deposits on containers from consumers sales
and service tax and excluding deposits from business and occupation tax; and providing penalties
and remedies"; to the Committee on Energy, Industry and Labor, Economic Development and Small
Business then Finance.

By Delegates Sobonya, Sumner, C. Miller, Rowan, Duke and Ellem:

H. B. 2603 - "A Bill to amend and reenact §3-1-16 and §3-1-17 of the Code of West
Virginia, 1931, as amended; to amend and reenact §3-4A-11 and §3-4A-11a of said code; to amend
said code by adding thereto two new sections, designated §3-5-6a and §3-5-6b; to amend and reenact
§3-5-7, §3-5-13 and §3-5-13a of said code; to amend said code by adding thereto a new section,
designated §3-6-2a; and to amend and reenact §51-2-1 of said code, all relating to the nonpartisan
elections of justices of the West Virginia Supreme Court of Appeals and circuit court judges; timing
and frequency of election; ballot design and printing; separation from partisan ballot; filing announcement of candidacies; withdrawal of announcement of candidacies; refund of paid filing
fees; and ballot content"; to the Committee on the Judiciary.

By Delegates Caputo, Rodighiero, Argento, Eldridge and Hutchins:

H. B. 2604 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §29-9-1, §29-9-2, §29-9-3, §29-9-4, §29-9-5, §29-9-6, §29-9-7,
§29-9-8, §29-9-9, §29-9-10, §29-9-11, §29-9-12, §29-9-13, §29-9-14, §29-9-15, §29-9-16, §29-9-17,
§29-9-18, §29-9-19, §29-9-20, §29-9-21, §29-9-22, §29-9-23, §29-9-24, §29-9-25, §29-9-26,
§29-9-27 and §29-9-28, all relating to the public school employment relations act; stating legislative
policy and purpose; defining certain terms; establishing a West Virginia public school employment
relations board; providing for the composition of the board, the terms of its members, and the
qualifications of the members; providing for the terms of the original appointees and the method of
filling vacancies; limiting eligibility of board members for reappointment; requiring an oath of office
and establishing a method of removal of board members; establishing procedural rules for meetings
and requiring a quorum; providing for the payment of per diem and expenses for attendance by board
members; providing for the organization of the board, the powers and duties of the board, the
employment of staff and the location of offices; granting authority to the board to promulgate rules;
defining employee and employer rights; providing for the election of exclusive representatives by
public school employees; establishing criteria for determining the appropriateness of an employee
unit for purposes of collective bargaining; establishing procedures for representation elections and
decertification of certified representatives; establishing the scope of bargaining subjects as to which
agreement may be reached; providing for written agreements; providing that all written agreements
involving costs are subject to appropriations by the appropriate legislative or governing body; limiting the duration of agreements to three years; providing for mediation and arbitration to resolve
impasses in bargaining; prohibiting strikes by public school employees; providing remedies for
prohibited strikes; defining prohibited practices; establishing a method of payroll deductions, fair
share fee payments and protections for fee payors; requiring financial reports, public records and lists
of employee organizations and exclusive representatives; and setting forth when the article shall take
precedence and when it shall be inoperative"; to the Committee on Education.

H. B. 2605 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-15-4j; to amend said code by adding thereto a new section,
designated §33-16-3t; and to amend said code by adding thereto a new section, designated
§33-25A-8i, all relating to requiring accident and sickness insurance providers and health
maintenance organizations to cover the treatment for Lyme Disease"; to the Committee on Banking
and Insurance then the Judiciary.

H. B. 2606 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17-16A-6a, relating to exempting county school boards of
education school buses from paying tolls for transit over the West Virginia Turnpike or any
parkways authority project"; to the Committee on Finance.

By Delegates Boggs, Perdue, Ashley and Barker:

H. B. 2607 - "A Bill to amend and reenact §61-2-29 of the Code of West Virginia, 1931, as
amended, relating to increasing penalties for financial exploitation of an elderly person or
incapacitated adult"; to the Committee on the Judiciary then Finance.

By Delegates Sobonya, Moore, Rowan, C. Miller, Reynolds and Ellem:

H. B. 2608 - "A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931,
as amended, relating to relieving the burden imposed on counties of incarcerating inmates in regional
jails by changing the way that the cost of incarcerating inmates in regional jails is collected so that
it is shared by the county, state and municipality wherein the alleged criminal act occurred; and
making the cost of incarcerating a person for less than twenty-four hours one-half the amount
charged for incarcerating an inmate for a full day."; to the Committee on the Judiciary then Finance.

By Delegates Caputo, Fragale, Ellem, Azinger, Longstreth and Manchin:

H. B. 2609 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-2-31, relating to railroad employees; and establishing criminal
penalties for interfering with medical treatment of a railroad employee injured during the course of
employment"; to the Committee on the Judiciary.

H. B. 2610 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2L-1, relating to prohibiting state funding of abortions"; to the
Committee on the Judiciary.

By Delegates Sobonya, Moye, C. Miller and Reynolds:

H. B. 2611 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-2-8a, relating to making it illegal to transport a minor across
state lines to obtain an abortion without written consent by both parents, and providing for a penalty"; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Sobonya, Reynolds, Morgan, Miller, C. Stephens and Duke:

H. B. 2612 - "A Bill to amend and reenact §49-6A-8 of the Code of West Virginia, 1931,
as amended, relating to increasing criminal penalties for failing to report child abuse"; to the
Committee on the Judiciary.

H. B. 2613 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-8D-1a, relating to prohibiting any law enforcement or other
official from interfering in the service of a warrant in child abuse investigations; and providing a
penalty for violations including dismissal or forfeiture of office"; to the Committee on the Judiciary.

By Delegates Sobonya, Rowan, C. Miller and Reynolds:

H. B. 2614 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18A-2-15, relating to prohibiting school employees from
counseling, referring, transporting or assisting any student to obtain an abortion; providing a
violation of the section is a misdemeanor; and providing that nothing in the section may be construed
as approving of abortion"; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Armstead and Schadler:

H. B. 2615 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to providing discounted motor vehicle registration fees for members of
volunteer fire departments"; to the Committee on Roads and Transportation then Finance.

By Delegates J. Miller and D. Poling:

H. B. 2616 - "A Bill to amend and reenact §7-1-3jj of the Code of West Virginia, 1931, as amended, relating to removing extraneous language regarding the limitation of exotic entertainment
by county commissions"; to the Committee on Political Subdivisions then the Judiciary.

H. B. 2617- "A Bill to amend the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §15-2-53, relating to the waiver or reimbursement of
tuition and fees for members of the West Virginia State Police attending institutions of higher
education"; to the Committee on Education then Finance.

By Delegates Caputo, Boggs, D. Poling and Spencer:

H. B. 2618 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-2-5a, relating to compensating state troopers for off-duty time
when they are required to be on standby to be called back to work"; to the Committee on Finance.

By Delegates Moye, Sumner, Stephens and Rodighiero:

H. B. 2619 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as
amended, relating to exempting existing churches from paying tax on propane and other forms of
heating oil used for heating their church buildings"; to the Committee on Energy, Industry and Labor,
Economic Development and Small Business then Finance.

By Delegates Paxton, Caputo, Stephens and Moye:

H. B. 2620 - "A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931,
as amended, relating to school service personnel; and increasing the pay grade of cafeteria
managers"; to the Committee on Education then Finance.

By Delegates Guthrie, Hatfield, Shook, Miley, Webster and Martin:

H. B. 2621 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-15, relating to establishing the offense of unlawful use
of a wireless communication device while operating a motor vehicle on a street or highway;
providing exceptions and conditions for certain lawful uses; definitions; misdemeanor criminal
penalties; and, limitation of enforcement"; to the Committee on Roads and Transportation then the
Judiciary.

By Delegates Rodighiero, Barker and Eldridge:

H. B. 2622 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to the reduction of state income taxes for certain state and federal retirees by
increasing the exemption on retirement income in calculating the federal gross income for state
personal income tax purposes"; to the Committee on Finance.

By Delegates Ennis, Argento, Swartzmiller, Shaver and Williams:

H. B. 2623 - "A Bill to amend and reenact §20-2-42n and §20-2-42p of the Code of West
Virginia, 1931, as amended, all relating to allowing unused Class RG and RRG deer stamps to be
used to hunt and take antlerless deer during the appropriate season"; to the Committee on Natural
Resources then the Judiciary.

By Delegates Longstreth, Guthrie, Manchin, Eldridge and Fragale:

H. B. 2624 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to calculation of West Virginia adjusted gross income for personal income tax
purposes; subtracting social security benefits from federal adjusted gross income to the extent
included in federal gross income for federal income tax purposes"; to the Committee on Finance.

H. B. 2625 - "A Bill to amend and reenact §11-1A-10 of the Code of West Virginia, 1931, as amended, relating to taxation of farm property; and providing that certain aged and disabled
property owners are classified as engaged in farming"; to the Committee on Agriculture then
Finance.

H. B. 2627 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §8-15-8b of said code, all relating to permitting members of
volunteer fire departments to participate in the state's public employees insurance plan; adding to
the definitions of employer and employee; and authorizing the payment of the costs of the insurance
coverage"; to the Committee on Banking and Insurance then Finance.

H. B. 2628 - "A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to concealed weapons generally; clarifying the scope of a concealed weapons
permit; and restricting public access to concealed weapons permit records"; to the Committee on the
Judiciary.

By Delegates Perdue, Carmichael and Armstead:

H. B. 2629 - "A Bill to amend and reenact §11-11-38 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §11-15-9 of said code, all relating to estate taxes and the
consumers sales and service tax; and providing exemptions therefrom when an infant dies before
reaching one year of age"; to the Committee on the Judiciary then Finance.

By Delegates Hartman, Perry, Beach, Martin, Hatfield and Crosier:

H. B. 2630 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to authorizing the issuance of special license plates for registered nurses and
licensed practical nurses; and assessing a special initial application fee and a special annual fee for
the license plate"; to the Committee on Roads and Transportation then Finance.

H. B. 2631 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §29-9-1, §29-9-2, §29-9-3, §29-9-4, §29-9-5, §29-9-6, §29-9-7,
§29-9-8, §29-9-9, §29-9-10, §29-9-11, §29-9-12, §29-9-13, §29-9-14, §29-9-15, §29-9-16, §29-9-17,
§29-9-18, §29-9-19, §29-9-20, §29-9-21, §29-9-22, §29-9-23, §29-9-24, §29-9-25, §29-9-26, §29-9-
27 and §29-9-28, all relating to the public school employment relations act; stating legislative policy
and purpose; defining certain terms; establishing a West Virginia Public School Employment
Relations Board; providing for the composition of the board, the terms of its members, and the
qualifications of the members; providing for the terms of the original appointees and the method of filling vacancies; limiting eligibility of board members for reappointment; requiring an oath of office
and establishing a method of removal of board members; establishing procedural rules for meetings
and requiring a quorum; providing payment for per diem and expenses of board members; creating
the board, providing powers and duties of the board, the employment of staff and the location of
offices; granting authority to the board to promulgate rules; defining employee and employer rights;
providing for the election of exclusive representatives by public school employees; establishing
criteria for determining the appropriateness of an employee unit for purposes of collective
bargaining; establishing procedures for representation elections and decertification of certified
representatives; establishing the scope of bargaining subjects as to which agreement may be reached;
providing for written agreements; providing that all written agreements involving costs are subject
to appropriations by the appropriate legislative or governing body; limiting the duration of
agreements to three years; providing for mediation and arbitration to resolve impasses in bargaining;
prohibiting strikes by public school employees; providing remedies for prohibited strikes; defining
prohibited practices; establishing a method of payroll deductions, fair share fee payments and
protections for fee payors; requiring financial reports, public records and lists of employee
organizations and exclusive representatives; and setting forth when the article takes precedence and
when it is inoperative"; to the Committee on Education then the Judiciary.

By Delegates Porter and Sumner:

H. B. 2632 - "A Bill to amend and reenact §17-16A-6, §17-16A-7, §17-16A-10,
§17-16A-11, §17-16A-21, §17-16A-22, §17-16A-23 and §17-16A-25 of the Code of West Virginia,
1931, as amended, all relating to modifying the West Virginia Parkways, Economic Development
and Tourism Authority's power and authority to charge tolls and issue bonds; and to transfer duties and responsibilities of the Parkways, Economic Development and Tourism Authority to the Division
of Highways"; to the Committee on Government Organization then Finance.

By Delegates Marshall, Hatfield Miley and Moore:

H. B. 2633 - "A Bill to amend and reenact §11-15-9i of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §17A-3-4a, all
relating to special equipment installed in a motor vehicle for the use of a person with physical
disabilities; and excluding the equipment from the sales and use tax and its value when determining
the value of the vehicle for imposition of the tax on the privilege of effecting the certification of the
title of the vehicle"; to the Committee on Roads and Transportation then Finance.

By Delegates Craig, Michael, Tabb, Armstead and Azinger:

H. B. 2634 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5, §55-7E-6,
§55-7E-7, §55-7E-8, §55-7E-9 and §55-7E-10, all relating to limitations for certain asbestos claims;
judicial actions involving silica and asbestos exposure; providing for fair and efficient judicial
consideration of personal injury and wrongful death arising out of asbestos or silica exposure and
ensuring individuals who suffer impairment now or in the future for illnesses caused by exposure
to asbestos or silica receiving compensation for their injuries"; to the Committee on the Judiciary.

H. B. 2635 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-21-12i, relating to allowing a federal adjusted gross income
deduction for the amount spent for medical expenses"; to the Committee on Finance.

By Delegates Rodighiero, Stephens and Reynolds:

H. B. 2636 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-2F-8a, relating to requiring facilities providing abortions to
obtain parental notification or consent in writing by the parent or by a notarized parental notification
or consent form; and providing penalties"; to the Committee on the Judiciary.

H. B. 2637 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-2-8b, relating to requiring that all state high schools provide
a course in archery safety for hunters"; to the Committee on Natural Resources then Education.

By Delegates Rodighiero, Barker, Staggers, Fleischauer and Eldridge:

H. B. 2638 - "A Bill to amend and reenact §31-20-31 of the Code of West Virginia, 1931,
as amended, relating to allowing the Executive Director of the West Virginia Regional Jail and
Correctional Facility Authority to establish a work program only for qualified inmates sentenced to
a regional jail facility and not awaiting transfer to a state correctional facility; and specifying
minimum requirements for the program"; to the Committee on the Judiciary then Finance.

H. B. 2639 - "A Bill to amend and reenact §18A-3-3a of the Code of West Virginia, 1931,
as amended, relating to reimbursement of teachers for courses completed toward certification
renewal and additional endorsement; removing division between these areas of funds appropriated
for reimbursements; and limiting the number of courses for which certain reimbursement may be
paid per certain period, year and lifetime"; to the Committee on Education then Finance.

By Delegates Caputo, Mahan, Boggs, Longstreth, Fragale and Barker:

H. B. 2640 - "A Bill to amend and reenact §22B-4-1 of the Code of West Virginia, 1931,
as amended, relating to increasing the number of appointments to the Surface Mine Board by one
member; and requiring that the additional member is appointed from a list submitted by the major
union representing coal miners to represent the view point of the working miners"; to the Committee
on Energy, Industry and Labor, Economic Development and Small Business then Government
Organization.

H. B. 2641 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §25-1-1b, relating to requiring the Commissioner of Corrections
to keep track of repeat offenses committed by persons convicted of sexual offenses against children";
to the Committee on Government Organization then the Judiciary.

By Delegates Wells, Hatfield, Guthrie, Brown, Spencer and Lane:

H. B. 2642 - "A Bill to amend and reenact §24-6-6b of the Code of West Virginia, 1931,
as amended, relating to reverting the 911 fee on wireless telephones from three dollars to seventy-
five cents; and reverting the distribution formula for 911 fees to a pro rata share of total fee
revenues"; to the Committee on Finance.

By Delegates Hutchins, Overington, Andes, Doyle and Azinger:

H. B. 2643 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §4-13-1, relating to prohibiting the naming of a publicly funded
building, road, structure or project which receives any operating or construction moneys from state
sources or state taxpayers; and assessing personal liability for violations"; to the Committee on
Government Organization then the Judiciary.

H. B. 2644 - "A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as
amended, relating to prohibiting the establishment of new methadone treatment programs and clinics
in this state except for programs and clinics operated by comprehensive community mental health
centers; requiring all private and community mental health center methadone treatment programs to
monitor each patient's pharmacy registry each month"; to the Committee on Health and Human
Resources then the Judiciary.

By Delegates Rodighiero, Stephens, Eldridge and Martin:

H. B. 2645 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-10-22k; and to amend said code by adding thereto a new
section, designated §18-7A-26v, all relating to providing one-time supplements to all annuitants
when they reach the age of seventy"; to the Committee on Pensions and Retirement then Finance.

By Delegates Rodighiero and Eldridge:

H. B. 2646 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as
amended, relating to defining the term "Medicare Advantage Prescription Drug Plan" in the Public
Employees Insurance Act"; to the Committee on Health and Human Resources then Finance.

H. B. 2647 - "A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as
amended, relating to prohibiting the establishment of methadone treatment programs and clinics in
this state except for programs and clinics operated by comprehensive community mental health
centers"; to the Committee on Health and Human Resources then the Judiciary.

H. B. 2648 - "A Bill to amend and reenact §5-16-9 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new section, designated §5-16B-11; to amend and
reenact §9-5-15 of said code; to amend said code by adding thereto a new article, designated
§16-29J-1, §16-29J-2, §16-29J-3, §16-29J-4 and §16-29J-5; and to amend said code by adding
thereto a new section, designated §33-4-1a, all relating to protecting prescriber identifiable
information in the same manner as individually identifiable health information"; to the Committee
on Health and Human Resources then the Judiciary.

By Delegates Wells, Iaquinta and Argento:

H. B. 2649 - "A Bill to amend and reenact §5A-7-11 of the Code of West Virginia, 1931,
as amended, relating to confidential records"; to the Committee on Government Organization then
the Judiciary.

H. B. 2652 - "A Bill to repeal §19-2G-1, §19-2G-2, §19-2G-3, §19-2G-6, §19-2G-7, §19-
2G-9 and §19-2G-10 of the Code of West Virginia, 1931, as amended; relating to the tree fruit
industry self-improvement act of 1984"; to the Committee on Agriculture then the Judiciary.

H. B. 2653 - "A Bill to amend and reeanct §62-1-5a of the Code of West Virginia, 1931, as
amended, relating to authorizing use of citations in lieu of arrest warrants for certain offenses"; to
the Committee on the Judiciary.

H. B. 2654 - "A Bill to amend and reenact §31-20-10a of the code of West Virginia, 1931,
as amended; relating to allocation of costs for housing inmates who are transferred to the custody
of the division of corrections"; to the Committee on the Judiciary then Finance.

House Calendar

Third Reading

Com. Sub. for H. B. 2305, Revising appointment and compensation provisions of the
Supreme Court Clerk and his or her staff; on third reading, coming up in regular order, was read a
third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 3), and
there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as
follows:
Absent And Not Voting: Brown, Carmichael, Ellem, Lane, McGeehan and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2305) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for H. B. 2306, Relating to impersonation of a public official or employee; on
third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 4), and
there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as
follows:
Absent And Not Voting: Carmichael, Ellem, Lane, McGeehan and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2306) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.

Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Carmichael, Ellem, Lane, McGeehan and Walters.
At 11:56 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 19, 2009.